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14 April 2011 / Michael Feakes
Issue: 7461 + 7462 / Categories: Features , Procedure & practice , Costs
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End of the road for success fees?

The Sousa decision provides important clarification of the operation of conditional fee agreements, says Michael Feakes

Litigation funding is rarely out of the legal news at present. The Jackson Report in early 2010 suggested widespread changes to the way much litigation is funded, and the government has announced plans to implement Jackson’s proposals wholesale. In a recent case, the Court of Appeal had the opportunity to achieve one of Jackson’s aims, and abolish the recoverability of certain success fees. The court’s decision provides important clarification of the operation of conditional fee agreements (CFAs).

The circumstances leading to the case of Sousa v London Borough of Waltham Forest [2011] EWCA Civ 194 were straightforward. Sousa claimed his house was damaged by subsidence when nearby trees extracted moisture from the ground underneath. His home insurers paid for the repairs, and then sought to recover their money from the owners of the trees, the defendant local council. To do this, the

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MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Bill disputes between solicitors and clients should be dealt with by an online portal rather than sent to the Legal Ombudsman (LeO), the Association of Costs Lawyers (ACL) has argued
MPs have warned of an ‘unacceptably high risk of miscarriages of justice’ due to a lack of legal aid and increasing levels of self-representation
The government is considering restricting judicial review challenges against housing schemes, motorways and other major planning applications
Damages-based agreements (DBAs), also known as contingency fees, could be allowed for opt-out collective actions in the Competition Appeal Tribunal
Couples could legally marry almost anywhere, from canal boats to cruise ships at sea, under proposals launched last week
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